Amend 1 - SV0121-22 Questions and Answers.doc

AMENDMENT OF SOLICITATION/ MODIFICATION OF CONTRACT

UNICOR, Federal Prison Industry

Cumberland Sign

UNICOR FPI

Cumberland, MD 21502 See Block 6

9B. DATED (SEE ITEM 11)

01/13/22

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

CODE

FACILITY CODE

11. THIS ITEM ONLY APPLIES TO AMENDMENT OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and the date specified for receipt of Offers is extended, XX is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment number. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE

DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, Appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103 (b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF :

BY MUTUAL AGREEMENT

D. OTHER (Specify type of modification and authority)

E. IMPORTANT : Contractor is not, XX is required to sign this document and return 1 copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

AMEND SOLICITATION #SV0121-22 AS FOLLOWS:

Questions and Answers are attached to this amendment.

ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED.

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

Sheila Gonzales, Supervisory Contract Specialist

(Signature of the person authorized to sign)

(Signature of contracting officer)

NSN 7540-01-152-8070

PREVIOUS EDITION UNUSABLE

Prescribed by GSA

FAR(48 CFR) 53.243

AMENDMENT 1

01/24/2022

SV0121-22 QUESTIONS/ANSWERS

Question: I would like to confirm that this request is for sheeting only. Our company specializes in vinyl reflective sheeting combined with graphics. I am not seeing graphics included in this request. Is this correct?

Answer: There are no graphics...but there is ink. Please clearly review the posting.

Question: I wanted to reach out and verify that this solicitation has a requirement of a two year firm fixed price? Given the current market, it is extremely hard to hold prices for that length of time. I wanted to make sure that this is a requirement before submitting a quote for this solicitation.

Answer: Yes that is correct. There is also economic price adjustment in it, which is capped at 10% annually. Please review the full posting as there are inks listed as well as the vinyl material.

Question: Reference to subjected solicitation the unit of measure mentioned in solicitation is FT2 , kindly let us know what does this mean?

Answer: Per square foot. The unit of measure that says IN2 is square inches.

Question: On page 13 of 21 of Solicitation Number SV0121-22, it is specified that a “Best Commercial Customer Category” Clause will be included in a subsequent awarded contract, requiring the Contractor to agree placing FPI “in the category of the most favored or best commercial customer category of the Contractor” and “report to the Contracting Officer all price reductions offered to the category of customers that are considered by the Contractor to be their most favored or best commercial customer.” Does FPI consider the amount of sales when factoring in whether customers are in the same category? More specifically, will FPI consider a customer that the Contractor sells more material than the limited, not-to-exceed total contract value in a subsequent awarded contract (also included on page 13 of 21) to in the same category as FPI under a subsequent awarded contract?

Answer: The legal language is taken directly from the FAR (Federal Acquisition Regulations). Basically, it means that if "your company" offers a lower price on a part number that is currently on the contract to another customer, that Unicor be offered the same pricing.

This can be tied to sales. Example, Company "A" is offered a discounted price of 5%, because they purchased a specific quantity of the material, Unicor should be offered the same pricing, if we are requesting that same quantity of material…with some caveats.

As far as the terms being IDIQ, we have listed the best estimate of what we will purchase over the life of the contract. This has been done by reviewing each line item that was on the previous contract, and adjusting either upward or downward based on usage and production.

Some line items have been fully removed, as they were not frequently used. Some line items are new to this contract request, as there was the frequency of purchase that warranted seeking contract terms.

The amounts requested are our 'best guess' of utilization, it is not a guarantee of a minimum amount. We have endeavored to provide our best estimate of usage and hope this effort would qualify for a price based on a similar quantity. Legally, if pricing is based on the guaranteed minimum purchase of 100 rolls, your company would not be “bound” to offer Unicor that same pricing, as the numbers we have provided are not a guaranteed quantity. Along that same line, if a discount were based on a minimum purchase amount, perhaps Unicor could be afforded that discounted pricing on any rolls that exceeded that minimum amount over the duration of the contract? For instance, if the minimum amount was 100 rolls and the pricing were discounted 5% for purchasing 100, your company could discount that line item by 5% once Unicor has purchased that amount? Again, this is not something that your company is “bound” by this terminology to offer.

If pricing were offered to “A Company” that was tied to not the specific line item, but to the fact that they had exceeded a dollar figure of purchase(s) for an annual period, then Unicor should be afforded that same pricing, based on previous purchases. However, if the amount was tied specifically to an anticipated figure of an upcoming year, that figure would have to be an estimate based on previous purchases, as I cannot guarantee an amount.

Lastly, in a non-gray area, if the pricing were to change for a line item, due to market demand, etc., in a downward manner, Unicor should receive that pricing. Additionally, if a discounted price were offered to a customer, with no other performance or other constraints attached to it, Unicor should be offered that same pricing.